CASE NO. 12-17681UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUITDAVID PICKUP, CHRISTOPHER H. ROSIK, PH.D., JOSEPH NICOLOSI,PH.D,ROBERT VAZZO, NATIONAL ASSOCIATION FOR RESEARCH ANDTHERAPY OF HOMOSEXUALITY (NARTH), AMERICAN ASSOCIATIONOF CHRISTIAN COUNSELORS (AACC), JOHN DOE 1, by and through JACK AND JANE DOE 1, JACK DOE 1, individually, and JANE DOE 1, individually,JOHN DOE 2, by and through JACK AND JANE DOE 2, JACK DOE 2,individually, and JANE DOE 2, individually,Plaintiffs-Appellants,v.EDMUND G. BROWN, Jr. Governor of the State of California, in his officialcapacity; ANNA M. CABALLERO, Secretary of the State and Consumer ServicesAgency of the State of California, in her official capacity, KIM MADSEN,Executive Officer of the California Board of Behavioral Sciences, in her officialcapacity; MICHAEL ERICKSON, PH.D, President of the California Board of Psychology, in his official capacity; SHARON LEVINE, President of the MedicalBoard of California, in her official capacity,Defendants-Appellees.

VIEWPOINT-NEUTRAL AND SUBJECT TO ONLY RATIONAL BASISCONFLICTS WITH SUPREME COURT AND NINTH CIRCUITPRECEDENTS. .................................................................................................... 3

A.

The Panel’s Conclusion That SB1172 Does Not Prohibit Speech

About SOCE Conflicts With The Explicit Language Of The Statute AndThe Evidentiary Record. .................................................................................. 4